United Spinal Association Inc.

10/29/2024 | News release | Distributed by Public on 10/29/2024 15:13

FYI: One grab bar does not make a restroom accessible

Most wheelchair users know the anxiety that comes with finding accessible restrooms when dining at restaurants - influencer, Aspen Baxter, documented the struggle perfectly.

Many wheelchair users chimed in with comments about having similar experiences.

"Been there. Can't even close the door. I just go. File a lawsuit. When they do a public disabled bathroom, they need to get a lesson on a chair to test the accessibility," says Enrique Lopez.

"It's even worse when the solo grab bar is positioned behind the toilet!" says Tara Collazo.

"Being disabled by muscular dystrophy I often will not use a bathroom because of the poor access. The toilets are often far too low and the grab bars poorly placed," says Peggy Hamburg.

"Places of business also need to make a family bathroom or changing space for the baby. How many times have I needed to use the single HC bathroom and mom has taken the kids in," says Sandra Jacobson.

Are restaurants required to have ADA-compliant restrooms?

Our ADA Expert, Marsha Mazz, responds.

It is clear to me that the toilet compartment in the video does not comply with the requirements in the DOJ 2010 ADA Standards for new construction. The compartment is too narrow and shallow, it only has one grab bar, and the toilet seems low and close to the grab bar wall. The reason for this inaccessibility is likely that the restaurant predates the effective date of the ADA.

The restaurant which is a public accommodation is required to remove all barriers unless they can say that such barrier removal is not "readily achievable". This means the work needed to make a space accessible poses not much difficulty or expense.

DOJ expects greater compliance if the public accommodation added or altered a restroom on or after the effective date of the DOJ ADA Standards (January 26, 1993). If compliance with the DOJ ADA Standards is "technically infeasible" meaning cannot be achieved without altering essential parts of the building structure, the public accommodation must only comply to the "maximum extent feasible".

Unlike barrier removal, the cost is not a consideration. Also, most alterations to other areas of the restaurant, such as the kitchen or the dining room, would trigger requirements to improve access to the toilet room. Sadly, unless they can show that an ADA-covered facility has been altered or added to, people with disabilities generally have no way of knowing what resources a public accommodation have available for barrier removal.

The only solution for someone who wants to challenge barriers in a public accommodation like a restaurant is to talk to the facility owner about why they haven't removed all the barriers and file a DOJ complaint if they don't trust or accept their answer.

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